Santo Anza of Northboro found guilty of dumping charges

Thursday

Aug 1, 2013 at 7:12 PM

By Elaine Thompson, TELEGRAM & GAZETTE STAFF

WORCESTER — A Northboro man charged with running an illegal solid waste dump on what he called a farm was found guilty Thursday of violating the state solid waste and clean air acts, but found not guilty of animal cruelty.

Mr. Anza was indicted in December 2011, on three counts each of violating the Massachusetts Clean Air Act and animal cruelty, and 10 counts of violating the state Solid Waste Act in connection with what the Attorney General's office said was an illegal composting and solid waste operation at his property at 429 Whitney St., Northboro.

In addition to the not guilty charges on all three animal cruelty counts, Mr. Anza was also found not guilty on one of the 10 counts of violation of the solid waste act. He faces a maximum penalty for each of the three violations of the Clean Air Act of up to one year of imprisonment, a fine of not more than $25,000 or both. In addition, the maximum penalty for each of the nine state Solid Waste Act violations is up to two years' imprisonment, a fine of not more than $25,000 or both.

"We are pleased with today's verdict, which holds this defendant accountable for operating an illegal dump site," Attorney General Martha Coakley said in an email after the verdict.

Mr. Anza declined to comment after the verdict. His lawyer, Mark G. Miliotis from Boston, said he will wait until after the sentence is imposed to decide whether to appeal.

After buying the 15-acre Whitney Street site in 2009, Mr. Anza told authorities he planned to use it as a beef farm, complete with a slaughterhouse. He called it SA Farm. Three months later, he began having lines of 18-wheelers and garbage trucks bring in tons of solid waste.

Neighbors hired their own lawyer and packed numerous board meetings over a two-year period to make the case to Northboro officials the farm was an illegal solid waste and compost operation.

A cease-and-desist order was issued and the court action was filed after the attorney general's office received more than 120 complaints from residents who said they had endured months of putrid odors from the rotting waste, noise at all hours, flies and dust that turned their lives upside down and made some of them physically ill.

Although he had cows, hogs, chickens, sheep and ducks on the property, local and state authorities maintained he was not using the site for commercial agricultural activities, but rather as an illegal commercial solid waste and compost facility. Authorities said the animals roamed freely and ate from a large pit containing rotten food, garbage, manure, cardboard, tires and dead animals.

Mr. Miliotis maintained throughout the trial and in his closing remarks that there was no criminal act or criminal intent on the part of his client. He said the materials brought to the site were used for food and bedding for the animals and to vegetate the land.

"There was no testimony … no support for what really was going on at the farm other than lawful delivery of fruits and vegetables onto the farm," he told Judge Tucker Thursday.

He also contended that Mr. Anza was not responsible for what happened because the property was controlled by a limited liability company, not Mr. Anza, although he was the manager and trustee of the LLC.

Assistant Attorney General Andrew A. Rainer, however, pointed out that Mr. Anza was the manager of and … "the person who operated" SA Farm, where the dump was located. He said that in four months, 2.2 million pounds of food and other waste were dumped on the property. He said a defense witness testified that 150 pigs would consume about 10 pounds each per day.

"That's 1,500 pounds a day. For four months that's 15,000 pounds," he said. "The defendant brought 2.2 million pounds. These animals were not eating 2.2 million pounds. The defendant was dumping it."

Mark J. Lanza, a Concord attorney who was hired by about a dozen of Mr. Anza's neighbors, in a telephone interview, said justice has been done.

"It came long and slow, but it has been done," he said. "It's unfortunate the judge was not convinced he was guilty of animal cruelty. The information for that was very compelling. It remains to be seen whether he will receive a penalty that is proportionate to the outrageous and egregious offenses."

Thursday's verdict comes nearly eight months after the start of the trial. It was suspended several months to accommodate for schedules of the judge and other participating parties.

The Northboro operation is not the first questionable business Mr. Anza has operated and failed to comply with cease-and-desist orders.

During the past several years he has been issued cease-and desist orders for objectionable operations in Webster, Raynham, Marlboro, and Boston, according to authorities.